Sidework Consumer and Service Provider Agreement
Thank you for your interest in Sideworkapp.com, an Internet platform ("Website") and mobile application owned and operated by SideWork Tech LLC., a Delaware corporation ("Sidework ," "we," or "us"). Sidework provides consumers (collectively, "Consumers" and individually, "Consumer" or "you") an online / mobile app venue to solicit services from service providers and professionals in various lines of work and commerce (collectively "Service Providers" or "Pros"). By using our website or mobile application, you may become a Consumer at no cost and will have the ability to request services. References to Websites shall include, but is not limited to, any and all uses of Sideworkapp.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices. Sidework serves as a marketplace for consumers and service providers and is not held liable or responsible for any damages or claims that occur because of the interaction and transaction between consumers and service providers.
ACKNOWLEDGEMENT AND ACCEPTANCE.
This Website and Sidework's services are offered to you for use only in the United States and are conditioned upon your acceptance without modification, of the following terms, conditions, and notices contained in this Sidework Consumer Agreement ("Agreement"). Please read this Agreement carefully. Regardless of whether you register with the Website or mobile application, your use of the Website and any related services constitutes your agreement to all such terms, conditions, and notices. You agree and understand that certain features of the Website may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms, and you further agree that a violation of those terms while you are accessing the Website shall constitute a breach of this Agreement. This Agreement also includes Sidework's Privacy Policy and any notices regarding the Website. Particularly, upon accepting offer from Service Provider, you have agreed to our terms and conditions as specified here.
You acknowledge and agree that Sidework may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Consumers directly in Sidework's sole discretion. Your continued use of the Website after any such changes are made to this Agreement shall constitute your consent to such changes. Sidework does not and will not assume any obligation to notify Consumers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms, conditions and notices of the Agreement.
Use and Age Restrictions.
Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the Sidework Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website and/ or Mobile Application.
Service Requests.
Upon registration with Sidework, a Consumer may submit through the Website a request for service or work from Service Providers. Consumers must provide required information (e.g., what they want done, when they want it done, where they want it done) to submit a valid Service Request. All Service Requests posted through the mobile app must be lawful and not in violation of any city ordinance, state, local or federal law. A submitted Service Request must be descriptive enough to allow a Service Provider to ascertain the necessary details to submit a fully informed offer to provide the requested services .
After submission of a Service Request, Sidework will inform Service Providers located near the location of the job request with profiles that match the services requested by Consumer. Nevertheless, Sidework does not and cannot guarantee that there will be Service Providers who are capable of or willing to complete the requested services at the time and place requested.
When submitting a Service Request, ensure that the Service Request does not infringe upon the copyright, trademark or other rights of any third party. By posting a Service Request you represent that the Service Request is lawful and does not infringe on the intellectual property of any third party. Your description of the Service Request must be truthful and accurate. Any Service Request posted on the Website: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Sidework serves as a marketplace between customers and service providers and shall not be held liable or accountable for any damages that occurred when service provider is performing the job. Sidework does not guarantee the job performed by the Service Provider nor will Sidework cover any damages that Service Provider incur.
Payment Terms.
Sidework works as a platform that connects customer with service providers and its between them any agreement that arise from there.
Upon the conclusion of the Service, the Consumer pay the service provider directly.
Sidework expressly disclaims any liability that may arise between Users of its Service.
Sidework is only a venue for connecting Consumers and Service Providers. Because Sidework is not involved in the actual contact between Consumers and Service Providers, or in the completion of the Service, in the event that you have a dispute with one or more Users, you release Sidework (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Refund Policy.
No refunds or credits will be provided once the Consumer's credit card has been charged or electronic check has been processed. At Sidework's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Sidework.
Service Providers.
In registering with Sidework, Service Providers represent that they are duly licensed (if applicable) and have the qualifications, experience and ability to properly perform their offered services. Sidework requires Service Providers to complete a profile on the Website. Sidework does not review or verify the information or representations set forth in the Profile, as they are self-reported by the Service Providers.
Background Checks.
Sidework does not perform comprehensive background checks on Service Provider's principal/ owner named during the Service Provider's registration with Sidework. It is solely the customer/homeowner's responsibility to make sure they are comfortable and safe with the service providers.
Licensing.
Sidework does not perform comprehensive licensing checks on Service Provider's principal/ owner named during the Service Provider's registration with Sidework. It is solely the customer/homeowner's responsibility to make sure they are comfortable and safe with the service providers. Different jurisdictions may require state and/or local level licensing for certain services, work, and/or project amounts. Consumers are responsible for determining which licenses, if any, are required for their requested services. Before you proceed with a project, you should confirm all licensing requirements with your state and local authorities and your selected Service Provider.
Insurance and Bonding
Sidework provides Service Providers with the ability to enter information and documents concerning insurance policies and/or bonds covering their operations. Sidework does not verify this information; however, Service Providers are required to warrant that the information they submit is complete, accurate and current. Before you proceed with a project, you should confirm any insurance and/or bonding requirements with your state and local authorities and your selected Service Provider.
Consumer Verification.
You should verify that the information presented by the Service Provider or in the Service Provider's profile is accurate. Sidework does not verify all information or documents provided by Service Providers and expressly disclaims any guarantees or warranties concerning such information. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, WHETHER SERVICE PROVIDERS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT STATE-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE GENERAL LIABILITY INSURANCE OR BONDING. SIDEWORK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER FROM STATE, PROVINCIAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT CONSUMER CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH AGENCIES AND THIRD PARTY SOURCES.
No Warranty or Endorsement.
Sidework does not endorse or recommend the services of any particular Service Provider. It is entirely up to the Consumer to enter into a direct contract or otherwise reach an agreement with a Service Provider. Sidework does not warrant the Service Provider's performance on the job or the outcome or quality of the services performed. Service Providers are not employees or agents of Sidework, nor is Sidework an agent of the Service Providers. Sidework does not perform, and is not responsible for, any of the services requested by the Consumer in the Service Request. You expressly acknowledge and agree that your use of the Website is at your sole risk. THE SERVICES OFFERED BY SERVICE PROVIDERS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Interactions and Disputes with Service Providers .
With exception of the Service Guarantee, Sidework will not work to resolve any disputes between Consumers and Service Providers (collectively "Users") and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH SERVICE PROVIDERS. YOU UNDERSTAND THAT SIDEWORK DOES NOT ATTEMPT TO VERIFY ALL STATEMENTS OF SERVICE PROVIDERS. SIDEWORK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY SERVICE PROVIDER OR THE SERVICE PROVIDER'S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER'S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT SIDEWORK MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROVIDERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROVIDER, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDERS DIRECTLY.
Release.
In exchange for the privilege of accessing the Website and requesting service through mobile device, you expressly agree to release Sidework (and its officers, directors, affiliates, parent companies, employees and agents) from any claims, demands, causes of action, losses and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Service Providers. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
No Warranties.
SIDEWORK MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS WEBSITE FOR ANY PURPOSE. SIDEWORK DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SIDEWORK CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SIDEWORK SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. SIDEWORK SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SIDEWORK MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
Limitations of Liability
IN NO EVENT SHALL SIDEWORK, its officers, directors, affiliates, parent companies, employees AND/OR agents BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, SERVICE PROVIDER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SIDEWORK IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS. SIDEWORK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SIDEWORK USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Content on Website
Proprietary Rights. This Website and the material within it are © 2015 SideWork Tech LLC.. Viewing this Website creates a copy of Sidework materials in your computer's random access memory and/or your hard drive and/or in your proxy server. The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the "Intellectual Property") of Sidework. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.
Copyright Policy.
Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. Sidework can remove any User Content you post on the Website if it violates this statement. If you believe that your work has been copied and posted on the Website in a way that constitutes infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the interest; a description of the work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. Copyright Agent for notice of claims of infringement can be reached as follows:., Attention: Legal, SideWork Tech LLC., 34 Buswell St Lawrence, MA 01841.
Content.
Users may post information, reviews, comments, messages, photos, profiles; send emails, e-cards and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that all of the User Content and information posted on the Website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of Sidework or the party posting such content. Sidework reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
Reliance on Content, Etc.
Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by Sidework , are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. Sidework does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Sidework or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.